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(영문) 대구지방법원 2017.12.07 2017고단738
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CM5 car.

On December 4, 2016, the Defendant driven the above car at around 04:48, and continued the front road of the building D in Daegu-gu, Daegu-gu, into a large range of off-distance and long-distance outflow from the room of the Pakistan Hospital.

In such cases, the driver has a duty of care to take the front and left side well and to prevent accidents in advance by accurately operating steering steering devices and brakes.

Nevertheless, in order to make a left-hand turn before the defendant's moving direction by negligence while neglecting this, the defendant was placed in front of the above car operated by the defendant by the victim E (45 tax) who was under a stop.

Ultimately, even though the Defendant suffered from an injury, such as the damage to the surface of a bridge, etc. under the right-hand side, due to the above occupational negligence, the Defendant immediately stopped and escaped without taking necessary measures, such as aiding the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of examination of witnesses of this court concerning G witnesses of this court;

1. Statement made by the police for E;

1. Reports on internal investigation (the details of the confirmation of the driver of the vehicle in question), investigation reports (the identity of the suspect);

1. A detailed statement of the processing of each reported case;

1. Currency details;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime (Options of imprisonment with prison labor)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures [the scope of recommended punishment] The mitigated area (including six months to one year), which is mitigated (including a special mitigated person] [including a serious effort to recover damage], which is not punishable (including a serious effort to recover damage] [the decision of sentence] and necessary measures are taken after the defendant causes traffic accidents.

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